Editor, Author at SCC Times

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

Tribunal Monthly Roundup September 2023 | Top Stories on Estoppel by Election; compensation for lost property documents; ABC Bearings and Timken India amalgamation and more

A quick legal roundup to cover important stories from Tribunals, Regulatory Bodies, Commissions this month.

Form Committee to supervise inventory of valuables in Ratna Bhandar of Puri Jagannath Temple: Orissa HC directs State

The Archeological Survey of India has suggested that the status of the inner portion of the Ratna Bhandar could also be assessed through laser scanning and the repair could be taken up during Rath Yatra.

Case Briefs High Courts

Meghalaya HC grants bail to HIV positive accused under NDPS Act

The accused person required special consideration to get proper treatment or to recuperate from her suffering in an environment congenial to her.

Case Briefs High Courts

Telangana High Court upholds validity of Sections 5, 6 and 15 of Press and Registration of Books Act, 1867

“The legislature itself has defined the books and newspapers separately. The wrath of Article 14 of the Constitution is attracted only when equals are sought to be treated differently.”

Case Briefs High Courts

Delhi High Court orders suspension of domain names and blocking of Telegram channels for illegally sharing Apna College study material

“If the defendants are not blocked from disseminating the copyrighted material of the plaintiff, the plaintiff would suffer enormous monetary loss apart from loss of subscribers and of goodwill.”

Case Briefs High Courts

Orissa Association for Blind not ‘State’ within meaning of Article 12 of the Constitution: Orissa HC

The tests laid down in Ajay Hasia v. Khalid Mujib Sehravardi, (1981) 1 SCC 722 were not fulfilled, hence, the Association is not ‘State’ within Article 12.

Case Briefs High Courts

Parental Alienation from father who never showed any neglect is an extreme act of mental cruelty: Delhi High Court upholds divorce

“The child has not only been totally alienated, but has also been used as a weapon against the father. Nothing can be more painful for a parent to see the child drifting away and being totally against the father.”

Case Briefs High Courts

Delhi HC suggests Ministry of Higher Education to provide uniform eligibility conditions for recruitment to various teaching posts

“The different eligibility conditions prescribed by different institutions under the same Board are not comprehensible as it keeps out large number of eligible candidates.”

Case Briefs High Courts

‘Place billboard for penal consequences of sexual harassment within 3 months’: Orissa HC warns Authorities against non-compliance

“A toll-free telephone number and committed phone number shall be included in the display so that whenever or wherever a threat of sexual harassment is perceived by a woman, the same can be immediately reported to for seeking protection”.

vacancy from selected candidate's resignation

Case Briefs Supreme Court

‘No indefeasible right to appointment in case of fresh vacancy if candidate secured merit position previously’: SC

A candidate who had secured the merit rank in 2007 in higher judicial service recruitment examination was seeking appointment to the post, alleging that the post cannot be kept vacant in arbitrary manner once a selected candidate resigns from post.

Case Briefs High Courts

Period treated as ‘not spent on duty’ must be construed for back wages and not for seniority and promotion: Delhi High Court

“Subsistence allowance is not a largesse, but the statutory right of an employee, and any denial of the same would amount to violation of Article 21 of the Constitution.”

Case Briefs High Courts

Delhi High Court quashes FIR in light of amicable settlement between parties; directs accused to contribute woollen blankets to girls’ shelter home

“In view of the fact that parties have mutually settled their disputes, in order to put a quietus to the litigation pending between them, this Court sees no reason to continue the proceedings as no useful purpose will be served in doing so.”

Case Briefs High Courts

Wrongful detention | Gujarat HC grants 1 Lakh compensation to prisoner who spent 3 years in jail after Bail

The Convict was released on regular bail on 29-09-2020, however, the jail authorities did not open the E-mail containing the bail order.

Case Briefs Supreme Court

SC discusses scope of Judicial Interference with arbitral awards under Section 34 of A&C Act

“Arbitration is a private form of dispute resolution, however, the arbitral proceedings must meet the juristic requirements of due process and procedural fairness and reasonableness, to achieve a ‘judicially’ sound and objective outcome or award”.

Case Briefs High Courts

Party’s non-objection to similar mark during registration, estops it later from taking different stand; Raj HC affirms Trial Court decision of denying injunction to ‘Ornate Jewels’

“Impugned order passed on the application for temporary injunction is discretionary in nature and until and unless the same suffer from arbitrariness, perversity or grave illegality, which leads to miscarriage of justice, such order does not warrant interference by the Appellate Court.”

Case Briefs High Courts

Government servant must uphold high conduct standards both in private and public life: Rajasthan High Court

“The divesting status of a government servant from his office duty-hours to lead his personal life the way he likes by leading an immoral life, cannot be countenanced by bestowing unfettered right in favour of such government servant.”

Case Briefs High Courts

Delhi High Court asks Government to prepare action plan to implement ‘National Litigation Policy’

“The essence of good governance lies not just in holding individuals accountable, but in creating an environment where unnecessary litigation is avoided. It is against this backdrop that the call for a ‘National Litigation Policy’ gains urgency.”

Case Briefs High Courts

Live-in relationship between married adults not an offence; but woman cannot allege rape by partner on false pretext of marriage: Delhi High Court

“The objectivity of the judges is the key to fairness of justice and the decisions have to be objectively determined according to the law of land and not by moral principles of the judge concerned.”